Knight v. Charter
West Virginia Supreme Court
"Woods, Judge, furnishes the following statement of the case: T. K. Knight and Luther Martin filed their bill in the circuit court of Doddridge county against L. K,. Charter, George H. Towles, J. Emory Towles, and the sheriff of said county, alleging that plaintiffs were the sureties of George H. and J. E. Towles in a note for two hundred dollars made to Charter for money lent by him to them; that soon after the note became due, George H. and J. E. Towles confessed judgment…
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"Woods, Judge, furnishes the following statement of the case: T. K. Knight and Luther Martin filed their bill in the circuit court of Doddridge county against L. K,. Charter, George H. Towles, J. Emory Towles, and the sheriff of said county, alleging that plaintiffs were the sureties of George H. and J. E. Towles in a note for two hundred dollars made to Charter for money lent by him to them; that soon after the note became due, George H. and J. E. Towles confessed judgment in the clerk’s office of the circuit court of said county for two hundred dollars with interest and costs in favor of…
1Opinion of the Court
Woods, Judge :
Two questions are presented for the consideration of this Court, by the transcript of the record of the proceedings in the circuit court, either of which if decided adversely to the pretentions of the plaintiffs, is fatal to the final decree rendered in this cause. We will consider them in the order in which they arise.
First, are the allegations of the plaintiffs’ bill, if true as stated therein, sufficient to entitle the plaintiffs to the whole or any part of the relief sought? The bill seeks to enjoin the defendant, Charter, from collecting from the plaintiffs, as the sureties…
2Cases cited5 opinions
- Walker v. CommonwealthSupreme Court of Virginia · 1867
- Renick v. LudingtonWest Virginia Supreme Court · 1878
- M'Kenny's ex'ors. v. WallerSupreme Court of Virginia · 1829
- Shannon v. McMullinSupreme Court of Virginia · 1874
- Sayre v. KingWest Virginia Supreme Court · 1880
3Cited by8 opinions
- First Nat. Bank of Cumberland v. ParsonsWest Virginia Supreme Court · 1896
- First Nat. Bank of Cumberland v. ParsonsWest Virginia Supreme Court · 1898
- McKenzie v. WileyWest Virginia Supreme Court · 1886
- Burlew v. SmithWest Virginia Supreme Court · 1910
- Harn v. Security Nat. Bank of Oklahoma CitySupreme Court of Oklahoma · 1918
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